Is this the end for disruptive residential premises?
Kuljit Bhogal reports
The government has recently announced proposals for the introduction of premises closure orders for premises whose occupants have been engaging in non-drugs related anti-social behaviour.
Currently, under the Anti-social Behaviour Act 2003 (ABA 2003), s 1, police officers not below the rank of superintendent may serve a closure notice if they have reasonable grounds for believing that:
- at any time during the relevant period the premises have been used in connection with the unlawful use, production or supply of a class A controlled drug; and
- the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public.
If a closure notice has been issued, the police must make an application for a closure order. The application is made to the magistrates’ court and must be heard not later than 48 hours after the closure notice was served. The magistrates’ court may only make a closure order if it is satisfied that each of the following applies under ABA
